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v.
MAURA HEALEY, ATTORNEY GENERAL FOR
THE COMMONWEALTH OF
MASSACHUSETTS,
Defendant.
The complaint in this case is 22 pages and contains 91 allegations. It asserts five
claims against the Attorney General that seek to challenge the Enforcement Notice her office
issued in July 2016 interpreting the Massachusetts Assault Weapons Ban, G.L. c. 140, 121,
131M.
2.
Pursuant to Fed. R. Civ. P. 12(b)(1) and (6), the Attorney General has filed a motion
to dismiss all of the plaintiffs claims. In particular, the Attorney General contends that the
plaintiffs three state-law claims are barred by the Eleventh Amendment to the United States
Constitution, and, in any event, fail on the merits; that the plaintiffs facial vagueness claim is not
cognizable, and, in any event, fails on the merits; and that the plaintiffs Second Amendment claim
fails as a matter of law because it depends on an impossible reading of the state Assault Weapons
Ban and the Attorney Generals Enforcement Notice, and because the Enforcement Notice does
not implicate the Second Amendment.
3.
While the undersigned counsel made every effort to condense and streamline the
Respectfully submitted,
MAURA HEALEY
ATTORNEY GENERAL
CERTIFICATE OF SERVICE
I certify that this document filed through the CM/ECF system will be sent electronically
to registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies
will be sent to those indicated as non-registered participants on November 22, 2016.
/s/ Julia E. Kobick
Julia E. Kobick
Assistant Attorney General